Automobile and Motorcycle Accidents

Motor vehicle collisions happen quite often on the busy streets of Philadelphia and they can be serious, especially when high speeds are involved. When an automobile or motorcycle accident causes brain injury, the victim will likely need immediate treatment and possibly emergency surgery. Plus, there may be an extended rehabilitation and long-term care, further increasing medical expenses.

It is possible to recover compensation for your losses if you’ve sustained a brain injury in a crash, but there are complicated negligence rules under Pennsylvania law. The lawyers at Cohen, Placitella, & Roth, P.C. in Philadelphia can make sure you get the compensation you deserve, even where comparative negligence may be involved.

Negligence in an Automobile or Motorcycle Crash

Negligence is a legal term for a person’s wrongdoing that leads to a brain injury in another person. Drivers have a duty to not cause harm to others on the road, and a breach of this duty is considered negligence. In a car or motorcycle accident, there may be negligence where an operator was careless behind the wheel or violated traffic laws. The brain injury victim has a right to compensation for losses from the responsible party, including damages for medical expenses, pain and suffering, and lost wages.

Determining Fault in a Motor Vehicle Accident

Fault and negligence are related in automobile and motorcycle crashes: The person who acts negligently is considered to be at fault. In a collision that causes brain injury, there are different types of evidence that can be used to determine fault:

Police reports;

Any citations issued to a driver for violating traffic regulations;

Photos of the accident scene;

Statements and testimony of witnesses;

Cell phone records, if distracted driving is a factor; and

Surveillance video or red light camera footage.

Comparative Negligence Under State Law

Pennsylvania is considered a comparative negligence state, which means that a brain injury victim can still recover compensation even if he or she was somewhat at-fault. The law compares the negligence of the victim and the other driver, and assigns a percentage of fault to each individual. If you are less than 50 percent responsible for the accident that causes your own brain injury, you have the right to compensation from the other party. However, the amount of your financial compensation will be reduced by your level of fault.

Pennsylvania’s law on comparative negligence may impact the amount you recover from the other driver in a car accident, so it’s important to present evidence that you were not at fault in the collision. An experienced lawyer has the skills to argue against any allegation that you might be somewhat responsible in the crash that resulted in your brain injury, both during negotiations with an insurance company and before a judge or jury. For more information on brain injury accidents contact us. Our lawyers can review your case and provide you with options to get the compensation you deserve.